Wayne Leach, an unnamed supporter and Phil Merletti in the Hall of Flags, 1/8/15.

On the day that Governor Paul LePage swore Maine’s three constitutional officers into office (albeit breaking from modern day tradition with two behind closed doors in his cabinet room and the third publicly in the Hall of Flags), there were a few other people of note outside the governor’s office and trying to get a few moments with LePage- to wit, his chums Phil Merletti and Wayne Leach.

You remember… the ones, along with Aroostook Watchman Jack McCarthy that Mike Tipping made famous last year? Here’s a timeline to refresh your memory.

Anyhoo… seems that a little birdie told these fellas that they would be well served to submit an amicus brief to the Maine Supreme Court, as part of Governor LePage’s going to the Maine Supreme Judicial Court to squeal on the oh so very mean Attorney General Janet Mills, who won’t let Paul play with all the toys.

But back to Merletti and McCarthy, because there is more than a dash of irony in them filing the papers in the first place. As was questioned by Portland Press Herald’s Greg Kasich: “Do they recognize the supreme court?”

GOVERNOR’S REQUEST FOR OPINION OF THE JUSTICES

On Friday January 23, 2015, the Governor of the State of Maine, Paul R. LePage, referred two questions to the Supreme Judicial Court related to the legal representation of the Governor and the Executive Branch in litigation. A copy of the letter setting forth the questions is linked to below.

The Justices invite the Governor’s Office, the Attorney General’s Office and any interested person or entity to submit briefs addressing

whether the questions propounded present, individually or together, a “solemn occasion[ ],” pursuant to article VI, section 3 of the Maine Constitution; and

the law regarding either or each of the questions propounded.

Any person or entity wishing to submit a brief to the Court shall do so by filing the brief with the Clerk of the Supreme Judicial Court, in Portland, at 205 Newbury Street, Room 139, Portland, Maine 04101, at or before noon on Friday, February 6, 2015. Briefs shall not be longer than thirty pages, double spaced. Responsive briefs are not required, but may be filed by any person or entity that filed an initial brief, at or before noon on Friday, February 13, 2015. Responsive briefs shall not be longer than ten pages, double spaced.

To facilitate public and judicial review of all filings, the justices request that an electronic copy of any hard copy brief filed be emailed as a pdf file to lawcourt.clerk@courts.maine.gov.

Oral Argument will be held on February 26, 2015, in Portland at 10:00 a.m.

Now this is where the legal clown car gets a tad crowded- the above “Motion for leave to participate in the oral argument“. Merletti and McCarthy asserted today in court that their vast experience as researchers is required by the Court, for the Court to fully understand the case. Needless to say, this motion was summarily denied by the Court.

UPDATE: McCarthy has vehemently denied that he sent the emails to the non-profits, nor a second email entitled “Attention Kind Alleged Representatives” to currently serving Maine lawmakers (Reps. Diane Russell and Drew Gattine among others to receive that second missive). But he did post comments to the Bangor Daily News story that he later deleted:

Relax folks that is a total LIE never saw that site never sent ANY such email. Apparently Mr. Mario Moretto was severely threatened by someone for not trying to discredit us in his last article. Obvious attempt to promote some agenda with zero fact check. If that was sent by Me why wasn’t a verifying email sent to the original sender? Shame on you Mr. Mario Moretto it appeared that you had as least some journalistic ethic. Sadly no.

Jack Mccarthy · Top Commenter · School of Hard Knocks, University of Life
Actually it might be nice to own a controlling interest in the BDN.
Reply · Like · Unfollow Post · 2 seconds ago

Jack Mccarthy · Top Commenter · School of Hard Knocks, University of Life
Mr.Mario Moretto there must be an immediate front page above the fold RETRACTION AND APOLOGY, THIS IS LIBELOUS IN THE EXTREME.
Reply · Like · Unfollow Post · 2 seconds ago

Jack Mccarthy · Top Commenter · School of Hard Knocks, University of Life
Relax folks that is a total LIE never saw that site never sent ANY such email. Apparently Mr. Mario Moretto was severely threatened by someone for not trying to discredit us in his last article. Obvious attempt to promote some agenda with zero fact check. If that was sent by Me why wasn’t a verifying email sent to the original sender? Shame on you Mr. Mario Moretto it appeared that you had as least some journalistic ethic. Sadly no.

I always get a kick out of how dense these guys are: they create a bunch of foolish legal documents and instruments so that their assertions appear legitimate to the government they are declaring is illegitimate!

With those “threats” in mind, this post is being updated with the addition of “[or whomever posted, using the name “Jack McCarthy”]” where applicable.

—–

Oh my- looks like Paul LePage’s buddies have “GONE ROGUE”.

Check it out all you lobbying kiddos; you have ALL. BEEN SERVED.

First the blast email (thankfully their CAPLOCK ISSUE APPEARS TO HAVE BEEN SOMEWHAT FIXED) that Aroostook Watchmen radio host Jack McCarthy [or whomever posted, using the name “Jack McCarthy”] mailed out, late this afternoon- to every single registered Maine lobbyist.

“…That any and all CHARTERS, inclusive of The United States Federal Government, UNITED STATES, “STATE of …”,

Inclusive of any and all abbreviations, idem sonans, or other legal, financial or managerial forms, any and all international equivalents, inclusive of any and all OFFICES, inclusive of any and all OFFICERS, PUBLIC SERVANTS, EXECUTIVE ORDERS, TREATIES, CONSTITUTIONS, MEMBERSHIP, ACTS, and any and all other contracts and agreements made thereunder and thereby, are now, void, worthless, or otherwise cancelled, unrebutted; …”

2015 UPDATE:Seems that they complained to Scribd about the public sharing of a pdf that they blanket emailed to every 126th Maine legislator and all Maine registered lobbyists, the end result being the document being pulled.

The only governor in attendance is Percival Proctor Baxter, who doesn’t seem terribly impressed.

Maine’s self-proclaimed “Constitutional Coalition” held a rather long, um, “loosely formatted” and sparsely attended rally and press conference this morning in the State House’s Hall of Flags to announce the formation of a brand spanking new permanent non-profit corporation,“We The People of Maine, Inc.” with the catchy slogan “Scrutinize government behavior at every level!”

Per Wayne Leach, the group invited Governor Paul LePage, original founder then former Maine Refounders member Amy Hale, Maine Refounder turned LePage transition team “extremist” member Pete Harring, members of the Maine Republican Party and currently serving legislators to attend and show their support.

None did. LePage’s scheduler Micki Mullen told Leach that “the Governor is busy”, yet a press release sent out at the same time as the 9:30 press conference by his office stated that “The Governor has cleared his schedule for Thursday so he can keep informed of any areas that have been hard hit (by last night’s flooding) and provide the necessary response.”

On the plus side, First Lady Ann LePage did come out of her husband’s office afterwards and greet the men cheerfully before exiting the Hall of Flags, stopping to share a laugh and talk briefly about her recent skydive in Aroostook County.

Wayne Leach, Phillip Merletti, and Jack McCarthy, members of the Constitution Coalition of Maine, announce the formation of We The People of Maine, Inc., a permanent non-political, non-profit organization, formed of, by and for the People of Maine, whose sole purpose will be to scrutinize government behavior at every level, and hold elected officials accountable to the Rule of Law, from the State and Federal Constitutions and statutes down to local Charters and Codes.

The Constitution Coalition has determined that the overwhelming majority of our elected and appointed officers are unaware of the principles, prohibitions, restrictions and mandates of our Constitutions; the Rule of Law is being replaced by the Rule of Whim and Man; our Constitutions are hanging by a thread; and, the People are the only sure reliance for the preservation of their liberty.

Citizens of Maine join the citizens of Connecticut and New York who have established We The People of Connecticut, Inc. and We The People of New York, Inc.People everywhere are realizing that, by the authority of our Constitutions, the People structure and regulate their government, and that the task of defending the Constitutions is the People’s alone.

The We the People of Maine corporation is established to assist the Free People of this State to institute a culture and environment where all elected officials will be expected to exercise and embrace a sufficient reverence and enduring respect for the People and their Charters of Freedom, with the knowledge that a critical mass of People – well educated about their Rights and the means to secure them – are watching what they are doing in their official capacities, and are able to hold them peacefully, but directly accountable, without undue reliance on the electoral process, and regardless of their political party.

WELL! That was all certainly illuminating, wasn’t it?

Roll the first clip- where Leach reads a four page “STATEMENT TO MEDIA” PRINTED IN ALL CAPS.

Pro-tip: When you have to tell the press that you most definitely are not “sovereign citizens” nor “domestic terrorists”, let alone explain past reports of discussions with one’s governor regarding punishments for treason, and then proceed to rant a bit, it kinda takes away from one’s credibility on the matter. Threatening to sue an author for reporting sourced materials probably isn’t such a great idea, either.

Phil Merletti finished up the press conference by telling media to read their copies of the Maine Constitution handed out by Merletti before today’s program began, offered to answer any questions about it in his capacity as a researcher and then took questions from Bangor Daily News reporter Mario Moretto. During that time, the three men took turns answering and expanded upon earlier reports of referencing 1776 and 1865 in speaking previously with Governor LePage.